NEW INDIA ASSURANCE COMPANY LTD Vs. VINOTH KUMAR

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 31.08.2012 made in M.C.O.P.No.275 of 2008 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Gudiyattam.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the minor petitioner is that on 20.05.2008 at about 5.30 a.m., while the minor petitioner was travelling in auto with his father, the driver of the auto drove the vehicle in a rash and negligent manner at high speed and lost control, resulting in the auto tilting to the side way causing injuries to the minor petitioner. The accident occurred only due to negligence of the 1st respondent owned auto driver. At the time of the accident, the minor petitioner was aged 14 years and he was a school student. In the accident, he sustained right thigh bone fracture and abrasions on the right side of the face and loss of complexion. He took treatment in the C.M.C. Vellore and subsequently in Miot hospital, Chennai. The minor petitioner due to the injury suffered, is not able to continue his education properly. Hence, the minor petitioner seeks a sum of Rs.5,00,000/- as compensation from the respondents.